Assault and Battery Lawyer Montgomery County — What Are Your Defense Options?
Assault and battery in Montgomery County are serious offenses under Maryland law, with second-degree assault carrying up to 10 years in prison. Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Montgomery County, with a 95% favorable outcome rate.
Last verified: April 2026 | District Court of MD for Montgomery County | Maryland General Assembly
In Maryland, assault and battery are defined under the state’s criminal code. Assault generally refers to the threat of harmful or offensive contact, while battery involves the actual physical contact. These charges are prosecuted aggressively in Montgomery County, and the potential penalties are severe. A conviction can result in jail time, fines, and a permanent criminal record that affects employment, housing, and professional licenses.
Understanding the specific statutes is the first step in building a defense. The relevant laws are found in the Maryland Code, Criminal Law Article. For court procedures and local rules, you can review information from the District Court of Maryland for Montgomery County.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will obtain all police reports, witness statements, and evidence from the State’s Attorney.
- We will file pre-trial motions to suppress evidence or dismiss charges if procedural errors exist.
- Negotiate with the prosecutor for a reduction, dismissal, or favorable plea like PBJ.
- Prepare for trial if a satisfactory plea agreement cannot be reached.
In Montgomery County, second-degree assault is a misdemeanor punishable by up to 10 years in prison and/or a $2,500 fine. First-degree assault is a felony with a maximum penalty of 25 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Second-Degree Assault | Misdemeanor | Up to 10 years | Up to $2,500 | None directly | Criminal record, possible protective order |
| First-Degree Assault | Felony | Up to 25 years | Up to $5,000 | None directly | Felony record, severe employment consequences |
| Reckless Endangerment | Misdemeanor | Up to 5 years | Up to $5,000 | None directly | Misdemeanor record |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. In Montgomery County, we have a documented record of handling assault and battery cases.
Our firm’s founder, Mr. Sris, a former prosecutor with a background in accounting and information systems, provides strategic oversight on complex cases. His multi-state practice and experience amending Virginia law demonstrate a deep understanding of legal strategy.
In Montgomery County, we have 21 total documented case results across all practice areas, with a 95% favorable outcome rate. These results include matters handled at the District Court of MD for Montgomery County. Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Maryland
199 E Montgomery Ave Suite 100 Room 211, Rockville, MD 20850, United States
Toll-Free: (888) 437-7747 | Local: (888)-437-7747
By appointment only. 24/7 phone consultations.
Our Rockville location serves clients at Montgomery County courts, accessible via I-270, I-495, and Route 355 (Rockville Pike). We are an assault and battery lawyer near Rockville Town Square and the Montgomery County Government Center. We serve neighborhoods including Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase.
Assault and Battery Defense FAQs in Montgomery County
What is Probation Before Judgment (PBJ) in Montgomery County, Maryland?
Yes. PBJ is a Maryland disposition where the judge places you on probation instead of entering a guilty verdict. It avoids a formal conviction on your record and is available for most misdemeanors, including second-degree assault, at the District Court of MD for Montgomery County. After successful probation, PBJ cases can be expunged after a 3-year waiting period.
Can I get my assault and battery record expunged in Montgomery County, Maryland?
It depends. Maryland allows expungement for acquittals, dismissals, Nolle Prosequi, Stet, and PBJ (after 3 years). For assault and battery convictions, expungement may be possible under the Justice Reinvestment Act if the offense is non-violent and meets other criteria. Cases in Montgomery County are expunged through the court where the case was heard.
What happens after an assault arrest in Montgomery County, Maryland?
After an arrest in Montgomery County: (1) initial appearance before a District Court commissioner who sets bail, (2) bail review hearing within 24 hours if detained, (3) arraignment, (4) trial. Misdemeanor assaults are tried at the District Court. Felony assaults go to Montgomery County Circuit Court. An assault charge dismissed lawyer Montgomery County can intervene at the initial appearance to argue for personal recognizance release.
Do I need a lawyer for an assault and battery misdemeanor in Montgomery County?
Yes. Maryland misdemeanor assault carries up to 10 years in prison. An attorney at the District Court of MD for Montgomery County can negotiate for a PBJ (no conviction) or seek a dismissal. The potential consequences of a conviction far outweigh the cost of legal representation.
What’s the difference between assault and battery in Maryland?
In Maryland, assault is an attempt or threat to cause harmful or offensive contact, creating reasonable fear. Battery is the actual intentional harmful or offensive touching. They are often charged together. A skilled assault and battery defense lawyer Montgomery County can challenge whether the State can prove the specific intent required for each element.
For more information, see our Maryland Criminal Defense Lawyer hub. We also assist clients in nearby areas like Prince George’s County and Howard County. If you are facing other charges, we handle DUI/DWI and family law matters in Montgomery County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.
Office visits by appointment only. Phone consultations available 24/7.